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DOCUMENTS 
DEPT. 


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UNITED  STATES  RAILROAD  ADMINISTRATION. 

^  DIRECTOR  GENERAL  OF  RAILROADS. 


WASHINGTON,  DECEMBER  17,  1919. 


JIEMQRANDA 

of  understandings  in  connection  with  the  memorandum  of  the  Di- 
rector General,  dated  November  15,  1919,  in  regard  to  conditions 
under  which  time  and  one-half  for  overtime  would  be  granted  in 
freight  service : 

ISlEilOIJANDUXI    OF    THE   DiKECTOK   GENERAL   OF   NOVEMBER   15,    1919. 

The  argiiiuent  which  at  all  times  has  been  urged  as  a  basis  for  time  and  one- 
half  for  overtime  in  road  service  is  that  since  other  classes  of  employees  are 
allowed  time  and  one-haif  after  either  8  hours  or  10  hours,  it  is  an  unjust 
discrimination  to  deny  employees  In  road  service  time  and  one-half  for  over- 
time. 

I  have  given  the  most  careful  consideration  to  this  contention  and  I  am 
satisfied  it  is  not  well  founded.  Erc.ployees  in  road  service  enjoy  a  method  of 
pay  which  is  entirely  different  from  the  method  enjoyed  by  all  other  employees, 
because  all  others  work  exclusively  on  an  hourlj^  basis.  Employees  in  road 
freight  service  have  the  privilege  of  earning  their  clay's  pay  in  less  than  the 
standard  day,  provided  their  train  makes  a  better  speed  than  12^  miles  per  hour. 
I  believe  this  fundamental  difference  in  the  method  of  allowing  compensation 
relieves  the  situation  of  any  claim  of  unjust  discrimination  in  the  respect 
indicated. 

Along  with  this  argument  there  is  also  the  contention  that  the  time  and  one- 
half  for  ovei-time  is  necessary  as  a  ptinitive  share  to  compel  trains  to  be 
operated  at  a  speed  of  not  less  than  12i  miles  per  hour.  I  do  not  believe  this 
contention  is  well  founded.  It  seems  reeisonably  clear  that  a  large  proportion 
of  freight  trains  can  not  be  operated  ecc comically  on  as  high  an  average  speed 
basis  as  12-J  miles  per  hour,  and  I  do  net  believe  an  absohite  unqualified  penalty 
should  be  imposed  for  failing  to  do  a  thing  which  can  not  reasonably  be  done. 

If  this  matter  had  to  be  decided  exclusively  on  the  contentions  which  have 
been  presented  to  me,  I  could  find  no  justification  for  deciding  otherwise  than 
that  time  and  one-balf  for  overtime  ought  not  to  be  allowed  in  road  service. 

But  there  is  another  phase  of  this  matter  which  has  not  been  presented  to  me 
in  any  definite  way  by  anyone  interested  either  for  or  against  punitive  over- 
time. My  study  of  the  matter,  however,  has  brought  this  entirely  distinct 
feature  clearly  to  my  attention,  and  I  can  not  conscientiously  dispose  of  the 
matter  without  giving  full  weight  to  this  entirely  distinct  consideration. 

It  seems  to  me  that  those  freight  train  employees  who  are  habitually  em- 
ployed in  freight  service  which  does  not  rise  above  and  generally  falls  below 
a  speed  basis  of  12*  miles  per  hour  do  not  I'eceive  a  compensation  which  is 
relatively  sufficient  as  compared  with  train  service  employees  in  freight  service 
whose  trains  habitually  make  a  speed  of  not  less  than  12*  miles  per  hour  with  a 
general  tendency  to  make  a  higher  basis,  or  as  compared  with  employees  in 
passenger  train  service.  It  is  evident  that  in  order  for  these  employeesin  this 
slower  freight  service  to  earn  anything  like  the  compensation  obtained  in  this 
faster  freight  service  they  must  in  general  work  exceedingly  long  hours,  and 
hence  that  their  position  is  relatively  unfavorable. 


155703°— CO 


It  seems  to  me  that  the  best  wny  to*  accomplish  the  siving  of  reasonable  ad- 
ditional compensation  to  the  employees  in  this  slower  freight  service  so  as  to 
remove  tlie  im.iust  discrimination  which  in  a  broad  and  general  way  it  seems 
to  me  exists  between  them  and  the  employees  in  this  faster  freiglit  service,  is  on 
the  one  hand  to  allow  time  and  one-half  for  overtime,  and  on  the  other  hand  to 
cut  out  in  all  freight  service  all  special  arbitraries  and  allowances  of  every 
character,  including  initial  terminal  delays  and  final  terminal  delays.  I  believe 
these  steps  will  substantially  correct  the  inequalities  which  now  exist  and  will 
put  the  compensation  for  freight  train  service  upon  a  much  fairer  basis  than 
now  exists. 

I  am  therefore  willing  to  establish  December  1,  1919,  the  time  and  one-half 
for  overtime  in  road  freight  service  provided  the  train  and  engine  men  will 
accept  such  a  basis  in  lieu  of  all  special  allowances  and  arbitraries  of  every 
character  and  will  do  this  for  the  railroads  as  a  whole. 

I  have  no  doubt  that  an  incidental  benefit  arising  from  this  course  will  be 
that  it  will  tend  to  correct  extreme  cases  of  unnecessarily  slow  trains,  although 
I  do  not  believe  it  can  or  ought  to  result  in  raising  all  trains  to  the  12i-mile 
speed  basis. 

The  proposition  herewith  made  is  shown  in  detail  by  the  amendments  on  the 
attached  copies  of  Supplements  Nos.  15  and  16.  It  is  the  purpose  of  the  Railroad 
Administration,  by  these  amendments  and  by  any  necessary  instructions,  to  pl'o- 
hibit  abuses  which  might  otherwise  arise  by  reason  of  the  elimination  of  the 
various  arbitraries,  special  allowances,  etc. 

Time  and  one-half  for  overtime  is  not  to  be  so  applied  as  to  increase  the  pay- 
ments which  will  be  made  as  a  result  of  any  held-away-from-home-terminal 
rule. 

Quotations  from  letter  of  Director  General,  dated  November  24, 
1919,  covering  questions  submitted  by  tlie  chief  executives  of  the  four 
train  service  organizations  and  answers  of  the  Director  General : 

Question  1.  Does  the  proposition  you  gave  us  in  any  way  apply  to  or  have  any 
effect  in  passenger  service? 

Answer.  No. 

Question  2.  Are  arbitraries  and  special  allowances,  including  initial  and  final 
terminal  delay,  now  applicable  to  passenger  service  continued? 

Answer.  Yes.  . 

Question  3.  Supplement  No.  15,  engineers  and  firemen,  Article  VII;  Supple- 
ment 16,  conductors  and  trainmen.  Article  VI.  Will  time  and  one-half  time  for 
overtime  be  paid  to  engine  and  train  men  in  mixed  service? 

(a)   Where  employees  are  paid  on  passenger  basis? 

(?))  Where  employees  ai*e  paid  on  other  than  passenger  basis? 

(c)  Will  it  be  paid  to  men  in  branch  Une  service? 

id)  Will  it  apply  to  other  than  Class  I  roads? 

Answer,  (a)  No.  (b)  Under  Supplement  No.  15  where  mixed  service  is 
paid  freight  rates  and  on  the  bases  of  mileage  and  overtime  provided  in  revised 
Article  VII,  overtime  will  be  paid  at  time  and  one-half. 

Under  Supplement  No.  16  where  mixed  service  is  paid  freight  rates  and  on- 
the  bases  of  mileage  and  overtime  provided  in  revised  Article  VI,  overtime  will 
be  paid  at  time  and  one-half. 

These  answers  apply  to  main-line  service. 

(c)  (As  revised  Dec.  12,  1919.)  It  is  understood  that  where  the  overtime  in 
mixed  service  is  calculated  on  the  freight  basis  and  the  rates  are  other  than 
passenger,  overtime  will  be  paid  at  the  rate  of  one  and  one-half  time. 

(d)  (As  revised  Dec.  12,  1919.)  Article  IX,  section  (c),  applying  to  other 
than  Class  I  roads,  provides : 

««  *  *  *  HQ  change  is  required  in  the  miles,  hours,  or  service  for  which 
the  former  rates  compensated." 

It  is  understood  that  in  other  than  passenger  service  overtime  under  the 
former  rules  accruing  after  the  limits  of  a  day  of  eight  (8)  hours  or  more  w^ill 
be  paid  at  the  rate  of  one  and  one-half  time. 

Question  4.  Some  railroad  companies  claim  that  work  train  is  neither  pas- 
senger, freight,  nor  road  service.  Will  time  and  one-half  be  paid  in  work  ti-ain 
and  every  other  service,  except  passenger,  regardless  of  name? 

Answer.  Revised  Article  XXI,  Supplement  No.  16,  and  revised  Article  XXII, 
Supplement  No.  15,  provide  that  the  bases  of  pay  which  conflict  with  the  basis 
provided  in  revised  Article  VI,  Supplement  No.  16,  and  revised  Article  VII,  Sup- 


plement  No.  15,  respectively,  shall  be  changed  to  conform  therewith.  Work- 
train  service  or  any  other  service,  excepting  passenger,  which  is  paid  under 
the  bases  provided  in  the  two  last-mentioned  articles  would  receive  time  and 
one-half  time  for  overtime. 

Question  5.  May  three-crewed  locals  be  retained  on  roads  where  the  pay  on 
one  trip  or  day  for  100  miles  or  less  is  equivalent  to  one  and  one-half  day's  pay 
(12  hours)? 

Answer.  The  articles  as  revised  are  without  prejudice  to  the  manner  in  which 
local  freight  trains  may  be  operated,  and  it  is  assumed  that  satisfactory  local 
agreements  can  tre  reached  as  to  the  manner  of  operation.  The  basis  of  payment, 
however,  must  conform  to  the  basis  set  forth  in  revised  Articles  VII  and  XXII 
of  Supplement  No.  15  and  revised  Articles  VI  and  XXI  of  Supplement  No.  16. 

Question  6.  Many  western  roads  allow  constructive  mileage  for  mountain 
division  or  desert  territory  over  valley  rates  instead  of  specified  amounts  of 
money.    Are  such  differentials  retained? 

Answer.  So-called  mountain  differentials  are  subject  to  different  bases  under 
the  several  schedules  where  they  exist.  Differentials  expressed  in  miles  appear 
to  be  more  directly  connected  with  the  rate  of  pay  than  the  limits  of  the  day  for 
computing  overtime.  In  such  cases  it  is  not  intenided  that  they  should  be  con- 
sidered as  arbitraries  coming  within  the  scope  of  revised  Article  X,  and  it  is 
anticipated  that  the  matter  can  and  ougJit  to  be  reviewed  in  each  case  in  ac- 
cordance with  this  general  principle,  but  pending  such  review  the  mileage 
differentials  will  be  continued  as  heretofore. 

(Note. — Article  XXII  of  Supplement  No.  15  and  Article  XXI  of  Supplement 
No.  16  were  later  revised  to  provide  for  these  differentials.) 

As  to  the  held-away-from-home-terminal  rule  inserted  in  revised  Supplements 
Nos.  15  and  16,  you  of  course  recognize  that  the  language  of  that  rule  will 
need  correction  in  order  to  make  it  conform  with  the  last  paragraph  of  the 
memorandum  which  I  handed  you  on  November  15.  This  can  be  done  when  the 
revised  orders  are  finally  drawn,  in  the  event  the  proposition  is  acceptable. 

It  also  appears  that  section  (a)  of  Article  X  will  need  to  be  so  worded  as  to 
apply  only  to  road  service  other  than  passenger.  Siich  correction  can  also  be 
made  when  the  orders  are  finally  drawn. 

Quotations  from  letter  of  the  Director  General,  dated  November 
25,  1919: 

Aeticues  IV  AND  VII,  Supplement  No.  15 — Articles  V  and  VI,   Supplement 

No.  16. 

Question  (a).  Is  there  any  basis  other  than  12*  miles  per  hour  in  freight 
service? 

Question  (&).  Is  there  any  other  day  than  100  miles  or  less? 

Answer  (a)  and  (b).  Section  (a)  of  revised  Article  XXII  of  Supplement  No. 
15  and  of  revised  Article  XXI  of  Supplement  No.  16  provide  that  in  considera- 
tion of  granting  overtime  on  the  bases  provided  in  revised  Article  VII.  Sup- 
plement No.  15,  and  revised  Article  VI,  Supplement  No.  16,  all  rules,  regula- 
tions, practices,  etc.,  applicable  to  freight  service  which  conflict  with  the  ap- 
plication of  the  rules  contained  in  the  orders  shall  be  changed  to  conform 
therewith.  Accordingly  the  proposition  intends  that  there  shall  be  no  other 
basis  than  12*  miles  per  hour  in  freight  service ;  and  no  other  basis  for  a  day 
than  100  miles  or  less. 

Question  (c).  Is  there  any  constructive  mileage  aside  from  100  miles  or 
less  for  level  territory? 

Answer.  No.  (This  answer  superseded  by  Article  XXII,  Supplement  No. 
24,  and  Article  XXI,  Supplement  No.  25.) 

Question  (d).  Is  Boston  &  Maine  75-mile  local  abrogated? 

Answer.  For  reasons  stated  under  (a)   and   (&),  yes. 

Question  (e).  "Will  note  as  to  final  terminal  delay  and  instructions  against 
abuse  thereof  apply  to  initial  terminal  delay  as  well? 

Answer.  It  has  l3een  considered  tliat  the  conditions  at  final  terminals  differ 
materially  from  those  at  the  initial  terminals,  and  that  there  were  not  as  great 
possibilities  of  improper  requirements  at  the  initial  terminals  as  at  the  final 
terminals.  Any  extraordinary  delay  at  the  initial  terminals  would  in  the 
great  majority  of  cases  result  in  overtime,  and  the  payment  of  overtime  at 
time  and  one-half  would  in  all  probability  serve  as  a  corrective.  However, 
should  it  develop  that  improper  conditions  result  it  will  be  agreeable  to  at- 


tempt  to  work  out  a  reasonable  rule,  atlhough  it  must  not  be  overlooked  that 
in  each  arbitration  under  which  an  initial  terminal  delay  rule  was  requested 
the  request  has  been  declined  and  tlie  arbitration  boards  have  taken  the  posi- 
tion that  by  requiring  the  time  to  begin  at  the  time  required  to  report  for  duty 
the  employees  were  assured  of  compensation  for  all  the  time  that  they  con- 
tributed. 

Question  (/).  Will  highest  rate  for  day  be  paid  when  two  or  more  classes  of 
service  are  performed  on  same  day  or  trip? 

Answer.  When  two  or  more  classes  of  road  service  are  performed  on  same 
day  or  trip  there  is  no  objection  to  applying  the  rate  applicable  to  the  highest 
class  of  service  performed,  with  the  overtime  basis  for  entire  trip  applicable 
to  the  rate  paid. 

Eeply  of  the  chief  executives  of  the  Brotherhood  of  Locomotive 
Engineers,  Brotherhood  of  Locomotive  Firemen  and  Enginemen, 
Order  of  Railway  Conductors,  and  Brotherhood  of  Railroad  Train- 
men, dated  December  3,  1919,  as  follows: 

The  following  resolution  was  adopted  by  chairmen  of  general  committees  of 
the  Order  of  Railway  Conductors,  Brotherhood  of  Locomotive  Engineers,  and 
Brotherhood  of  Locomotive  Firemen  and  Enginemen,  and  rejected  by  the  gen- 
eral chairmen  of  the  Brotherhood  of  Railroad  Trainmen,  assembled  at  Cleve- 
land, Ohio,  November  27,  1919. 

The  time  and  one-half  proposition,  held-away-from-home-terminal  rule,  and 
the  use  of  yard  crews  in  road  service  in  emergencies  are  subjects  that  have 
been  pending  since  about  October,  1918,  since  which  time  some  of  these  or- 
ganizations have  filed  with  the  Board  of  Railroad  Wages  and  Working  Condi- 
tions propositions  for  increased  wages  and  changed  working  conditions,  in- 
cluding the  unsettled  questions  above  referred  to. 

The  Brotherhood  of  Railroad  Trainmen  at  the  Cleveland  meeting  recorded  a 
vote  of  106,726  against  to  19,499  in  favor  of  the  adoption  of  the  resolution, 
which  follows: 

•'  Be  it  resolved,  That  our  chief  executives  be  directed  to  notify  the  Director 
General  that  we  are  willing  to  accept  his  proposition  for  the  payment  of  time 
and  one-half  for  road  overtime  in  freight  service  on  all  roads  under  Federal 
control ;  provided,  that  all  initial  and  final  terminal  allowances  or  rules  of 
every  description  in  individual  schedules,  together  witli  mountain  differentials, 
and  all  constructive  mileage  allowances  of  every  description  be  preserved.  Ter- 
minal allowances  to  be  paid  at  pro  rata  when  the  trip,  including  time  at  ter- 
minals, does  not  entail  overtime.  If  overtime  accrues  (terminal  and  other  time 
to  be  measured  continuously),  overtime  at  one  and  one-half  time  to  be  paid." 

It  has  been  the  custom  in  the  past  in  dealing  with  collective  movements, 
.such  as  the  one  in  October,  1918,  that  a  majority  of  the  organizations  voting  in 
favor  of  a  proposition  determined  the  issue  for  all  organizations  parties  to  the 
cooperative  movement.  With  that  understanding,  the  vote  of  the  Brotherhood 
of  Railroad  Trainmen  can  be  considered  in  favor  of  the  adoption  of  the  reso- 
lution, because  the  three  associated  organizations  voted  in  favor  of  its  adoption. 

As  explaining  the  resolution  quoted,  the  chief  executives  on  De- 
cember 2,  1919,  submitted  the  following : 

All  initial  and  final  terminal  allowances  of  all  kinds  now  paid  independent 
of  the  trip  will  be  continued  as  now ;  paid  separately  and  at  pro  rata  rate. 

All  initial  and  final  terminal  allowances  of  all  kinds  which  ax'e  coupled  with 
and  may  be  absorbed  by  train  movement  exceeding  the  speed  basis  "\\'ill  be  paid 
at  pro  rata  rate  when  train  reaches  final  terminal  before  overtime  from  time 
of  going  on  duty  accrues ;  if  on  overtime  on  arrival  at  final  terminal  time  will 
be  computed  from  time  required  for  duty  until  final  release  and  all  overtime 
will  be  paid  at  one  and  one-half  time.  Time  at  final  terminal  up  to  period 
when  overtime  commences  will  be  paid  pro  rata  and  thereafter  at  time  and 
one-half  time. 

Understandings  reached  at  conference  held  at  Washington,  D,  C, 
from  December  2  to  13,  1919,  between  the  Directors  of  the  Divisions 
of  Operation  and  Labor  of  the  United  States  Railroad  Administra- 
tion and  the  chief  executives  of  the  Brotherhood  of  Locomotive  Engi- 
neers, Brotherhood  of  Locomotive  Firemen  and  Enginemen,  Order 


of  Railway  Conductors,  and  the  Brotherhood  of  Railroad  Trainmen, 
accompanied  by  a  special  committee  composed  of  general  chairmen  of 
tlie  respective  organizations. 

The  following  answers  show  application  of  the  proposition  to  the 
rules  as  quoted  or  the  question  as  submitted : 

Article  V,  Supplement,  No.  24. 

Question  1.  Give  examples  or  application  of  the  combination  of  service  rule 
as  contained  in  the  proposition  submitted,  as  set  out  in  the  following  combina- 
tions of  service  between  terminals,  which  heretofore  have  been  recognized  as 
two  services  or  for  which  special  allowance  has  been  i)aid. 

Answer.  In  view  of  the  introduction  of  time  and  one-half  for  overtime  in 
freight  seiwice  it  is  felt  that  Article  V  (c)  of  Supplement  No.  24  will  have  to  be 
changed.  It  provides  that  where  engineers  and  firemen  are  required  to  perform 
a  combination  of  more  than  one  class  of  road  service  they  will  be  paid  at  the 
rate  and  according  to  the  rules  governing  each  class  of  service,  etc.  Under  this 
rule  service  may  consist  of  passenger  and  freight  and  overtime  would  be  paid 
after  fractions  of  a  day.  It  is  not  the  intent  to  pay  time  and  one-half  in  freight 
service  prior  to  8  hours  on  runs  of  100  miles  or  less,  or  prior  to  the  hours  deter- 
mined by  dividing  by  12|  the  miles  run  when  in  excess  of  100.  To  preserve 
Article  V  (c)  would  necessitate  continuance  of  pro  rata  overtime  for  freight 
portions  of  the  trip  where  less  than  100  miles  were  run,  and  all  passenger 
overtime  be  paid  at  pro  rata  rates.  Rather  than  have  such  a  complicated  con- 
dition it  is  believed  that  the  rule  should  be  changed  to  provide  that  where  two 
or  more  classes  of  road  service  are  performed  in  continuous  service  the  highest 
I'ate  applicable  to  any  class  of  service  or  to  the  heaviest  locomotive  used  shall 
apply  for  the  entire  service,  and  the  overtime  basis  applicable  to  such  rates 
shall  be  applied.  Under  such  a  rule  the  through  or  the  local  freight  rate  being 
higher  than  the  passenger  rate,  they  would  be  applied  according  to  the  class  of 
freight  service  performed,  and  the  freight  overtime  basis  would  apply. 

(a)  A  crew  starts  out  in  through-freight  service  and  is  called  upon  to  do 
work-train  service  en  route,  or  vice  versa. 

Answer.  Two  classes  of  service  can  only  be  involved  where  different  rates  are 
paid.  Where  the  through  freight  and  work  train  rates  are  the  same,  two  classes 
of  service  are  not  involved ;  therefore,  through-freight  rates  with  the  through- 
freight  overtime  basis  would  apply;  where  the  rates  are  not  the  same,  the  higher 
rate  shall  apply  for  the  entire  trip. 

■(&)  A  crew  starts  out  in  passenger  service  and  is  called  upon  to  do  freight, 
work,  or  switching  en  route,  or  vice  versa. 

Answer.  As  will  be  explained  imder  item  (c),  question  1,  there  is  no  intent 
to  consider  that  switching  en  route  will  change  the  classification  of  a  train. 
Where  two  or  more  classes  of  road  work  are  performed,  the  passenger,  freight, 
or  work  service  would  be  combined  and  the  entire  service  paid  on  the  basis  of 
100  miles  or  less,  8  liours  or  less,  to  constitute  a  day ;  miles  in  excess  of  100  to 
be  paid  pro  rata  and  overtime  accruing  to  be  paid  at  the  rate  of  time  and  one- 
half. 

(c)  We  understar.d  that  under  the  combination  service  rule,  that  heretofore 
where  switching  en  route  has  been  paid  for,  if  crews  on  same  railroad  are  now 
called  to  perform  switching  it  converts  a  through  freight  train  to  a  local  freight 
basis,  or  if  heretofore  through  freight  crews  called  upon  to  do  switching  at 
terminals,  or  in  yards  en  route,  and  under  circumstances  which  heretofore  ob- 
tained, are  called  upon  to  do  such  work,  that  the  combination  service  will  be 
for  each  member  of  the  crew,  that  which  brings  the  most  compensation ;  for 
example,  the  conductor  would  be  paid  the  local  fi'eight  rate:  the  brakeman  on 
the  train  the  yard  rates. 

Answer.  The  arbitrary  and  special  allowances  for  switching  at  terminals 
are  definitely  dealt  with  under  Article  X  as  revised.  Arbjtraries  or  special  al- 
lowances for  switching  performed  on  road,  whether  switch  engines  are  main- 
tained at  the  stations  or  not  are  intended  to  be  eliminated,  as  provided  in 
Article  X  (a),  as  revised.  Excepting  as  provided  under  item  (d),  question  1, 
there  is  no  intent  that  the  performance  of  switching  en  route  shall  convert  a 
through  freight  into  a  local  freight. 


The  case  originally  submitted  was  as  follows: 

"  Rules  applicable  to  changing  service  en  route,  or  two  classes  of  service  for 
which  two  days  are  now  paid,  or  one  day  plus  varying  allowances,  are  ab- 
sorbed;  take  the  highest  rate  for  the  trip  or  day." 

No  question  was  presented  concerning  through  freight  crews  doing  switch- 
ing on  road  or  at  terminals.  The  Baltimore  &  Ohio  rule  was  mentioned,  imder 
which,  if  a  local  freight  train  was  xinable  to  complete  its  trip  and  a  through 
freiglit  train  was  required  to  do  the  work  of  the  local,  it  receives  a  minimum  of 
a  day  for  the  through  freight  service  plus,  certain  allowances  for  the  local 
freight  service.  Later  the  following  question  was  presented  to  the  Director 
General,  to  which  he  replied  as  shown : 

"  Question  if).  Will  highest  rate  for  day  be  paid  when  two  or  more  classes  of 
service  are  performed  on  same  day  or  trip? 

"  Answer.  When  two  or  more  classes  of  road  service  ai*e  performed  on  same 
day  or  trip  there  is  no  objection  to  applying  the  rate  applicable  to  the  highest 
class  of  service  performed  with  the  overtime  basis  for  entire  trip  applicable  to 
the  rate  paid." 

It  is  felt  that  these  questions  and  answers  clearly  indicate  that  at  no  time 
Avas  there  any  thought  that  the  performance  of  switching  en  route  would 
change  the  classification  of  a  train  for  purposes  of  pay. 

(d)  Are  rules  which  convert  a  through-lreight  crew  to  a  local  freight  basis, 
making  3,  4,  5  or  other  stops,  or  by  doing  a  given  amount  of  switching, 
continued? 

Answer.  Yes. 

Article  VII,  Supplement  No.  24 — Article  VI,  Supplement  No.  2.5. 

Question  2.  A  schedule  provides  that  work-train  -crews  will  be  paid  mileage 
going  to  or  returning  from  point  whore  work  is  located  if  cars  are  handled 
wliich  do  not  belong  to  that  service. 

Answer.  Article  XXII,  section  (a),  Supplement  No.  24,  and  Article  XXI, 
section  (o).  Supplement  No.  25,  as  revised,  provide  that  all  rules,  etc.,  which 
conflict  with  the  application  of  the  rules  contained  in  the  order  shall  be 
changed  to  conform  therewith ;  therefore,  the  basic  day  and  overtime  would 
be  subject  to  Article  VII  of  Supplement  No.  24  and  Article  VI  of  Supplement 
No.  25,  as  revised. 

Question  3.  A  certain  schedule  provides  that  in  local  freight  service  75 
miles  constitutes,  a  day. 

Answer.  Article  XXII  of  Supplement  No.  24  and  Article  XXI  of  Supplement 
No.  25,  as  revised,  provide  that  all  rules,  etc.,  which  are  in  conflict  with  the 
application  of  the  rules  contained  in  the  order  shall  be  changed  to  conform 
therewith.  The  service  would  be  paid  for  under  the  provisions  of  Article  VII 
of  Supplement  No.  24  and  Article  VI  of  Supplement  No.  25,  as  revised. 

Question  4.  A  schedule  provides  for  actual  miles  to  and  from  place  of  work 
and  payment  by  hour  while  at  work.  This  allowance  in  addition  to  compensa- 
tion as  firemen  on  wox'k  train. 

Answer.  It  is  our  understanding  that  the  following  statement  in  the  ques- 
tion :  "  This  allowance  in  addition  to  compensation  as  firemen  on  work  train  " 
refers  to  the  time  at  place  of  work  being  paid  separately  from  the  mileage  or 
time  going  to  and  returning  from  place  of  work. 

The  proposition  intends  that  such  rules  shall  be  superseded  by  the  provisions 
of  Article  VII,  Supplement  No.  24,  and  Ariicle  VI,  Supplement  No.  25,  as 
revised. 

Question  5.  A  schedule  provides  that  freight  overtime  paid  on  schedule  of 
train.  For  example,  if  train  is  scheduled  for  10  hours  on  run  of  150  miles, 
overtime  would  be  paid  after  10  hours. 

Answer.  Kule  superseded.  Article  XXII,  Supplement  No.  24,  and  Article 
XXI,  Supplement  No.  25,  as  revised,  require  that  all  rules,  etc..  which  conflict 
with  the  provisions  of  the  orders  shall  be  changed  to  conform  therewith.  There- 
fore overtime  basis  (if  Article  VII,  Supplement  No.  24,  and  Article  VI,  Supple- 
ment No.  25,  as  revised,  would  apply. 

Question  6.  A  schedule  provides  that  firemen  on  freight  runs  over  150  miles 
are  paid  overtime  after  12  hours.  For  example,  on  runs  of  175  miles  actual 
mileage  would  be  allowed,  with  overtime  after  12  hours. 

Answer.  Rule  superseded.     See  answer  to  question  5. 

Question  7.  A  schedule  provides  that  engineers  exclusively  assigned  to 
helper  service  when  used  for  any  service  other  than  assignment  will  be  paid 


not  less  than  100  miles  for  each  time  so  used,  according  to  the  rates  and  rules 
governing  such  service.  Actual  time  in  other  service  to  be  excluded  in  com- 
puting overtime  in  assigned  service. 

Answer.  No  change  is  required  iu  the  manner  of  calculating  overtime  in  the 
lielper  service,  hut  overtime  so  accruing  shall  be  paid  at  time  and  one-half. 

Question  8.  A  schedule  provides  that  whenever  work-train  engineer  makes 
25  miles  or  over,  before  or  after  working  hours,  such  mileage  .shall  be  com- 
puted at  full  freight  rates.  Working  hours,  6  a.  m.  to  6  p.  m.,  or  6  p.  m.  to  3 
a.  m.  shifts.  Time  and  mileage  (2-5  miles  or  over)  before  or  after  working 
hours  to  be  computed  separately  and  paid  for  at  through  freight  rates. 

Engineers  in  wrecking  service  will  be  paid  miles  or  hours,  whichever  is  the 
greater  (on  the  basis  of  12A  miles  per  hour),  going  to  or  from  wrecking  points, 
and  at  the  rate  of  12i  miles  per  hour  for  all  time  consumed  on  duty  at  the 
wreck,  but  in  no  case  less  than  one  day's  pay  to  be  allowed.  Time  to  be  com- 
puted continuously  from  time  required  to  report  for  duty  at  terminal  until  he 
reaches  terminal,  unless  tied  up  under  the  law. 

Answer.  Covered  by  answer  to  question  2. 

Article  VII,  Supplement  No.  25. 

Question  9.  A  schedule  provides  that  regular  assigned  crews  on  local  freight 
trains  will  be  paid  for  each  calendnr  working  day  held,  when  not  called  for 
their  runs  out  of  home  terminal  and  will  not  be  used  in  other  service  until  extra 
hoard  has  been  exhausted. 

Answer.  Not  affected.     See  also  answers  to  questions  60,  61,  and  62. 

Article  IX  (a).  Supplements  Nos.  24  and  25. 

Question  10.  On  a  certain  railroad  schedule  contains  special  provisions  for 
service  between  certain  points,  some  of  which  are  between  terminals  and  inter- 
mediate points  and  some  between  branch  line  terminals.  The  distances  range 
from  59  to  94  miles  one  way.  Regardless  of  whether  the  service  is  operated  as 
single  trips  or  round  trips,  trip  rates  of  100  miles  are  paid  for  each  single  trip, 
and  overtime  calculated  on  the  basis  of  100  miles  when  single  trip  is  run  or  200 
miles  when  round  trip  is  run. 

Answer.  The  mileage  of  the  runs  described  is  less  than  100  in  each  case, 
ranging  from  59  to  94  miles.  The  schedule  definitely  shows  these  runs  to  be 
specitied  and  the  rates  to  be  per  trip. 

It  appears  that  these  trip  rates  clearly  come  within  the  provisions  of  Article 
IX  (a),  which  requires  that  such  rates  shall  be  superseded  by  the  mileage  basis. 
In  the  application  of  the  mileage  basis  the  rates  of  the  order  are  required  to  be 
applied,  but  the  earnings  for  the  round  trip  may  not  be  less  than  the  combined 
earnings  of  the  trip  rates.  For  illustration,  between  A  and  B  the  distance  one 
way  is"  63  miles ;  doubled,  126  miles.  Prior  to  General  Order  No.  27,  one  way, 
$4.10;  doubled,  $8.20.  Under  General  Order  No.  27,  one  way,  $4.94;  doubled, 
$9.88  ($9.88  retained  as  minimum  compensation  for  trip).  Under  Supplement 
No.  25,  126  miles  at  $0,054  equals  $6.80.  Under  Supplement  No.  25,  126  miles 
on  124  miles  per  hour  basis  equals  10  hours  5  minutes.  Proposed  overtime  rate, 
3/16  of  $5.40,  equals  $1.01^  per  hour.  Difference  between  126  miles  under  Supple- 
ment No.  16  at  $0,054  per  mile  and  guaranteed  minimum  of  $9.88  equals  $3.08 ; 
$3.08  divided  by  new  hourly  overtime  rate  of  $1.01]  equals  3  hours  2  minutes. 
Adding  3  hours  2  minutes  to  the  mileage  overtime  limits  (10  hours  5  minutes) 
equals^  13  hours  7  minutes.  Therefore  the  former  combined  earnings  on  trip 
basis  amounting  to  $9.88  is  retained,  but  the  conductor  under  the  mileage  basis 
of  Supplement  No.  25  must  make  126  miles  and  3  hours  2  minutes  overtime 
(total  13  hours  7  minutes  on  duty)  before  $9.88  is  absorbed;  hence  time  and 
one-half  begins  after  13  hours  7  minutes. 

Question  11.  A  schedule  provides  when  engineers  may  be  used  for  making 
one  round  trip  from  the  initial  terminal  to  turnaround  point  and  return.  In 
this  case  the  mileage  between  the  initial  terminal  and  the  turnaround  point  shall 
not  exceed  75  milos.  If  mileage  on  the  trip  is  150  miles  or  less,  continuous 
mileage  will  be  allowed,  with  a  minimum  of  100  miles.  If  mileage  on  the  trip 
is  more  than  150  miles,  a  minimum  of  200  miles  will  be  allowed. 

If  an  engineer  on  turnaround  work  is  relieved  at  any  place  or  time  while 
engaged  in  making  trip,  the  day's  work  will  be  considered  completed. 

Answer.  It  is  understood  that  the  effect  of  this  rule  is  that  turnaround  runs  at 
turning  points  75  miles  or  less  from  the  initial  point  shall  be  paid  actual  mileage 


8 

with  a  minimum  of  100;  when  turning  at  points  exceeding  75  miles  from  tlie 
initial  iioint,  100  miles  in  each  direction  shall  be  paid. 

With  this  xmderstanding  of  the  rule,  it  is  retained. 

Question  12.  A  schedule  provides  that  on  turnaround  runs  actual  mileage  for 
round  trip  will  be  paid,  unless  detention  at  turning  points  amounts  to  5  hours  or 
more.  In  such  cases  100  miles  each  way  will  be  allowed  on  basis  of  8  hours  to 
the  100  miles.  • 

Answer.  The  rule  apparently  defines  conditions  under  which  turnaround  service 
may  be  operated,  and  when  the  delay  at  turnaround  point  exceeds  5  hours  100 
miles  in  each  direction  is  allowed,  with  overtime  on  each  trip,  and  excluding  the 
delayed  time  at  turnaround  point. 

,  Abticle  X,  Supplements  Nos.  24  and  25. 

Question  13.  Under  Article  X,  paragraph  (a),  as  revised,  if  initial  delay 
rules  should  be  continued,  what  will  be  the  application  of  a  rule  referring  to 
initial  delay  only,  under  which  pay  has  been  earned  for  switching  or  other 
service  performed,  but  with  no  reference  in  the  rule  to  work  or  service  per- 
formed ? 

Answer.  As  we  understand  the  case,  the  schedule  of  the  railroad  in  question 
contained  an  initial  terminal  delay  rule  under  which  employees  were  com- 
pensated for  either  or  both  delays  or  work  at  the  initial  terminal,  and  the 
question  arises  how  work  performed  under  such  schedule  rule  would  be  com- 
pensated for? 

Under  the  proposition  payments  would  be  confined  to  work  performed,  and 
rule  would  be  modified  accordingly. 

Question  14.  Does  the  proposition  as  submitted  provide  pay  for  work  per- 
formed, duties  required,  or  service  performed  at  initial  terminal?  If  so, 
would  it  not  be  wise  to  amplify  revised  Article  X,  paragraph  (a),  as  foUows : 

"  Excepting  payments  under  rules  referring  to  initial  delays  without  specific 
reference  to  work  performed  or  rules  applying  to  work  performed  at  initial 
and  final  terminals,  etc." 

Answer.  The  proposition  intends  to  continue  existing  rules  or  practices 
covering  work  performed  at  initial  terminals,  siich  as  switching,  picking  up 
cars,  etc.  This  does  not  include  preparatory  work  for  the  trip,  such  as  engi- 
neers getting  engines  ready ;  conductors  getting  bills,  checking  trains,  etc. 
The  language  as  suggested  could  be  constriied  to  include  advance  calls,  i.  e., 
rules  requiring  engineers  to  report  certain  periods  of  time  in  advance  of 
leaving  the  enginehouse  or  yards.  The  intent  is  that  such  conditions  shall  be 
taken  care  of  by  the  managemeiit  fixing  the  time  for  reporting  for  duty,  which 
shall  take  cognizance  of  the  preliminary  work  required  of  the  engineers  or  con- 
ductors, and  the  conditions  under  which  it  must  be  performed. 

With  this  explanation  of  the  proposal  it  is  felt  that  the  language  thereof 
more  accurately  expressesi  the  intent  than  the  suggestion  contained  in  the 
inquiry. 

Question  15.  Where  there  are  no  rules  in  schedules  for  switching  at  initial 
or  final  terminal,  how  will  men  be  compensated  if  required  to  perform  switch- 
ing service  either  at  initial  or  final  terminal  ? 

Answer.  The  service  will  be  compensated  in  the  same  manner  as  heretofore, 
viz,  the  time  will  be  included  in  the  time  of  the  trip. 

Question  16.  For  the  purjwse  of  uniformity,  will  you  agree  to  grant  final 
terminal  delay  rule  on  such  roads  as  do  not  have  a  rule  of  this  description? 

Answer.  This  argument,  which  was  advanced  against  the  proposition  as 
originally  submitted,  which  provided  for  the  elimination  of  final  terminal  delay 
riiles,  was  that  it  was  desired  to  preserve  final  terminal  delay  rules  and  rules 
covering  work  at  final  terminals  as  protection  against  improper  practices  and 
to  preserve  conditions  at  the  final  terminals.  Where  schedules  contained  no 
special  provisions  for  final  terminal  delays,  delays  or  switching  must  have  been 
compensated  for  by  the  payment  of  overtime.  With  the  payment  of  overtime 
on  the  time  and  one-half  basis,  a  penalty  is  provided  where  none  formerly  ex- 
isted ;  therefore  it  is  not  felt  that  there  is  justification  fot  establishing  final 
terminal  delay  rules  where  they  did  not  exist. 

AVliere  this  proposition  changes  a  more  favorable  overtime  basis,  such  as  over- 
time based  on  the  schedule  of  the  train  or  time  Inte  on  schedule,  to  the  overtime 
basis  of  the  order,  and  the  former  rules  served  to  protect  agninst  delays  in  being 
released  at  the  final  terminal  (no  final  terminal  debiy  rule  being  in  effect),  it  is 
the  intent  that  a  proper  rule  shall  be  arranged  between  the  managements  and 


the  representatives  of  the  employees  so  as  to  insure  against  unnecessary  de- 
tention at  final  terminals. 

Question  17.  A  schedule  provides  that  firemen  delayed  one  hour  or  more  in 
Starting  from  a  terminal  will  be  paid  hourly  rates. 

Answer.  Rule  eliminated  by  revised  Article  X  (a). 

Question  18.  A  schedule  provides  that  after  lapse  of  30  minutes  firemen  will 
be  paid  for  full  delay  at  the  end  of  trip,  at  overtime  rate,  according  to  class  of 
engine,  or  minute  basis.  Final  terminal  delay  computed  from  time  engine 
reaches  designated  main  track  switch  connecting  with  yard.  If  road  overtime 
has  commenced  same  is  continuous  to  point  of  final  relief  and  terminal  overtime 
does  not  apply. 

Answer.  Rule  retained  subject  to  revised  Article  X,  sections    (a)    and    (c). 

Question  19.  A  schedule  provides  that  firemen  required  to  do  switching  at 
terminals  are  paid  full  time  providing  the  time  exceeds  30  minutes. 

Answer.  Rule  retained  subject  to  revised  Article  X  (a). 

Question  20.  A  schedule  provides  that  firemen  running  to  Union  Stock  Yards 
at  Chicago  are  paid  hourly  rates,  with  minimum  of  2  hours  from  time  way  car 
passes  Clyde  Tower  until  relieved  at  roundhouse. 

Answer.  Rule  retained.  It  is  our  understanding  that  the  special  allowance 
has  been  paid  separately  from  the  road  trip,  and  therefore  would  be  subject  to 
revised  Article  X,  section   (5). 

Question  21.  A  schedule  provides  that  firemen  called  and  not  wanted  (or  not 
used)  allowed  minimum  of  2  hours'  pay  for  such  call  and  stajad  first  out. 

Answer.  Rule  retained.     See  revised  Article  X,  section  (e). 

Question  22.  A  schedule  provides  that  if  engine  leaves  roundhouse  train 
minimum  of  day  br  100  miles  will  be  allowed. 

Answer.  Not  affected. 

Question  23.  A  schedule  provides  minimum  of  2  hours  for  firemen  when  run- 
around. 

Answer.  Rule  retained.    See  revised  Article  X,  section  (d). 

Question  24.  A  schedule  provides  a  minimum  of  1  hour  for  doubling  hill. 

Answer.  Rule  eliminated.     Mileage  of  double  to  be  added  to  mileage  of  trip. 

Question  25.  A  schedule  provides  payment  of  1  hour  (same  as  doubling) 
when  engine  is  cut  off  to  help  another  train  over  hill. 

Answer.  Rule  eliminated.     Jlileage  to  be  added  to  mileage  of  trip. 

Question  26.  A  schedule  provides  arbitrary  payment,  with  minimum  of  1 
hour  for  coaling  engines  by  hand.     This  in  addition  to  pay  for  trip. 

Answer.  Not  affected,  as  work  is  not  a  part  of  the  recognized  duties  of  the 
employee. 

Question  27.  A  schedule  provides  that  firemen  loading  or  unloading  company 
material  will  be  paid  for  such  service  at  pro  rata  irrespective  of  time  consumed 
on  road. 

Answer.  Rule  eliminated. 

Question  28.  (Duluth  &  Iron  Range,  firemen's  schedule,  sections  10  and  18) 
provide  constructive  mileage  allowances  between  designated  points.  (These 
allowances  are  in  effect  patt  of  the  rate.) 

Question  29.  (Duluth,  Missabe  &  Northern,  constructive  mileage.)  In  addi- 
tion to  rates  shown  in  section  1,  10  miles  per  trip  are  allowed  on  all  ore  trains. 
(This  does  not  show  in  schedule  but  it  is  in  effect  an  increase  in  rates  tab- 
ulated. ) 

Answer  (questions  28  and  29).  An  examination  of  the  schedules  of  the 
Duluth  &  Iron  Range  and  Duluth,  Missabe  &  Northern  railroads  shows  plainly 
that  they  were  devised  to  meet  conditions  which  are  peculiar  to  the  character 
of  service  made  necessary  by  the  ore  mines  and  mills  which  they  serve.  In 
many  respects  the  schedules  indicate  that  the  railroads  are  operated  as  ad- 
juncts to  the  commercial  operations.  Therefore  to  apply  to  their  schedules 
principles  intended  for  schedules  applicable  to  the  general  railroad  service 
would  in  all  probability  produce  results  contrary  to  those  intended.  To  replj' 
to  a  few  questions  out  of  the  many  which  will  unquestionably  arise  under  the 
schedules  would  not  accomplish  any  good  purpose,  as  the  schedules  contain  so 
many  provisions  which  are  peculiar  to  their  operations  and  are  not  encoiintered 
in  other  schedules.  Therefore  we  believe  that  no  answers  should  be  given 
which  might  prejudice  tlie  revision  of  the  schedules  due  to  the  introduction  of 
time  and  one-half  for  overtime. 

Question  30.  A  schedule  provides  payment  for  switching  at  turning  point, 
.such  time  to  be  computed  separately  and  paid  for  in  addition  to  road  time. 

Answer.  Turning  point  is  an  intermediate  point ;  therefore  under  revised 
Article  X,  section  (a),  rule  M'ould  be  eliminated. 


10 

Question  31.  A  schedule  provides  payment  for  actual  minutes  consumed  by 
through-freight  crews  loading  or  unloading  stock,  less  than  carload  freight, 
turning  engines,  switching  at  sections  en  route,  or  other  similar  service. 

Answer.  Under  revised  Article  X,  section   (a),  rules  would  be  eliminated. 

Question  32.  A  schedule  provides  special  or  extra  allowance  for  firemen  for 
switching  and  hostling  engines. 

Answer.  It  is  our  understanding  of  the  rule  that  the  time  allowed  for 
switching  or  hostling  engines  at  the  designated  points  is  paid  separately  when 
no  overtime  accrues ;  and  that  when  overtime  accrues  the  allowances  are 
added  to  the  straight  time  of  the  runs  before  overtime  is  paid ;  in  other  words, 
only  the  excess  of  overtime  above  the  allowances  is  paid.  Exception  to  the 
foregoing  appears  to  apply  at  Dallas  and  East  Dallas,  where  the  allowances  are 
paid  separately  from  the  time  of  the  trip. 

With  this  understanding  of  the  application  of  the  allowances  excepting  at 
Dallas  and  East  Dallas,  they  extend  the  time  of  the  road  trip  and  therefore 
would  be  subject  to  revised  Article  X,  sections  (a)  and  (d-l).  At  Dallas  and 
East  Dallas  they  would  appear  to  be  subject  to  revised  Article  X,  sections  (a) 
and  (6). 

Question  33.  A  schedule  provides  that  when  firemen  are  required  to  clean 
fires  a  minimum  of  one  hour  will  be  paid  for  such  service  in  addition  to  all 
other  time  or  mileage  made  on  trip  or  day's  work ;  this  includes  yard  and  road 
service. 

Answer.  Rule  retained.     See  answer  to  question  26. 

Question  34.  A  schedule  provides  that  enginemen  required  to  assist  in  coal- 
ing engines,  except  in  case  of  emergency,  will  be  paid  for  actual  time  so  en- 
gaged with  minimum  of  one  hour,  such  time  to  be  deducted  ill  computing  over- 
time. 

Answer.     Rule  retained.    See  answer  to  questions  26  and  33, 

Question  35.  A  schedule  provides  that  for  going  to  stock  yards  at  Chicago 
or  South  Omaha,  12J  miles  per  hour  with  a  minimum  of  30  miles.  Time  to  begin  for 
trip  when  train  is  on  designated  track  at  Chicago  Transfer,  Chicago ;  and  South 
Avenue  Yards,  Council  Bluifs.  This  CO-mile  minimum  will  apply  only  to  en- 
gineers arriving  at  Chicago  Transfer  or  South  Avenue  Yards  with  stock  yard 
commodities  in  train.    Other  engineers  will  be  paid  as  for  new  trip. 

Answer,     See  answer  to  question  20. 

Question  36.  A  schedule  provides  that  switching  before  beginning  of  first 
trip  and  after  the  completion  of  final  trip  and  switching  at  turning  point  when 
only  one  round  trip  is  made  will  be  computed  separately  and  paid  for  at  one- 
eighth  of  the  daily  rate  applying  to  class  of  engine,  service,  and  district  Avith  a 
minimum  of  63^  cents  per  hour  on  the  minute  basis.  Irrespective  of  time  on 
road.    This  time  not  to  be  counted  in  computing  overtime. 

Answer.  Switching  at  turning  point  is  covered  by  question  30.  Rule  apply- 
ing to  switching  at  initial  and  final  terminals  would  be  retained  subject  to  revised 
Article  X,  sections  (a)  and  (&). 

Question  .37.  A  schedule  provides  that  when  engineers  are  required  to  double 
on  grades  or  run  for  fuel  or  water,  10  miles  will  be  allowed  for  each  double. 
When  actual  mileage  exceeds  10,  actual  miles  will  be  allowed,  such  mileage  to 
be  added  to  other  mileage  made  on  trip  where  mileage  in  the  aggregate  exceeds 
100,  time  consumed  doubling  will  not  be  counted  in  computing  overtime. 

Answer.     Covered  by  answer  to  question  24. 

Question  38.  A  schedule  provides  that  when  engineers  are  called  for  any 
service  and  not  used  they  shall  be  allowed  a  minimum  of  2  hours  at  60  cents  per 
hour,  and  at  same  rate  for  each  additional  hour  held  over  2  hours. 

Answer,     Covered  by  answer  to  question  24. 

Question  39.  A  schedule  provides  that  we  have  rules  that  provide  for  com- 
pensation for  care  of  engines  by  crews  at  points  where  there  is  no  watchman  or 
hostler  provided.    In  such  cases  the  road  overtime  is  not  paid. 

Answer.  We  are  unable  to  identify  the  schedule  rule  referred  to.  The  ques- 
tion states  that  the  allowances  are  paid  separately  from  road  time.  Therefore, 
they  appear  to  be  applied  arbitrarily.  Where  the  service  is  performed  at  initial 
or  final  terminals  it  would  come  within  the  provisions  of  revised  Article  X,  sec- 
tions (a)  and  (&).  Where  the  service  is  performed  at  turnaround  or  inter- 
mediate point  on  a  continuous  trip,  the  allowance  would  be  eliminated  and  the 
time  included  in  the  time  of  the  trip. 

Question  40.  A  schedule  provides  that  engineers  in  main  line  freight  service 
will  not  be  required  to  do  switching  where  switch  engines  are  employed,  except 
in  cases  of  emergency ;  and  when  required  to  do  switching  at  such  points  will 


11 

be  paid  overtime  rate  for  hour  consumecl  in  switching,  which  is  to  be  separate 
from  road  overtime.  Thirty  minutes  to  be  regarded  as  1  hour ;  1  hour  and  30 
minutes  as  2  hours,  etc.  Tlirough  freight  engineers  will  not  be  required  to  classify 
their  trains  between  terminals  or  be  required  to  do  switching  after  arrival  at 
terminals,  except  in  cases  of  emergency,  and  when  required  to  do  switching  at 
such  points  will  be  paid  therefor  at  overtime  rates. 

Answer.  The  rule  shows  that  the  allowances  are  paid  separately  from  road 
overtime. 

As  to  switching  at  initial  or  final  terminals,  the  rule  is  preserved,  as  per  re- 
vised Article  X,  sections  (a)  and  (&). 

Under  revised  Article  X  (a)  the  rule  will  no  longer  apply  to  switching  at 
intermediate  points  and  the  time  performing  such  switching  vst.11  be  included  in 
the  time  of  the  trip. 

Question  41.  A  schedule  provides  that  except  where  otherwise  provided  in 
this  agreement,  when  an  engineman  has  been  relieved  after  completing  his  day's 
work,  and  is  afterwards  recalled  for  any  service,  he  has  begun  a  new  day's  work 
and  will  be  paid  in  accordance  with  the  service  performed.  If  an  engineman  is 
held  on  duty  after  arrival  at  his  terminal  for  further  service,  he  will  be  paid  a 
minimum  of  5  hours  for  such  service.  This  article  will  not  serve  to  prevent 
local  freight  crews  at  outlying  points  fi'om  properly  placing  their  trains  away 
where  switch  engines  are  not  employed.  This  also  will  not  serve  to  take  ofE 
switch  engines  where  now  employed. 

Answei".  Not  affected.  The  pay  under  the  5-hour  provision  will  continue 
at  former  rates. 

Article  XI,   Supplements  Nos.  24  and  25. 

Question  42.  A  schedule  provides  new  day  in  case  a  crew  has  arx-ived  at  its 
terminal  after  working  8  hours  or  making  100  miles  and  is  called  upon  for  ad- 
ditional service.  This  also  applies  in  case  of  service  performed  before  start- 
ing on  regular  trip. 

Answer.  Rule  retained,  subject  to  Ai'ticle  XI  (&),  otherwise  no  change,  as.the 
2  days  were  allowed  Independently  of  each  other.  See  revised  Article  X,  sec- 
tions   (a.)    and    (&). 

Question  43.  A  schedule  provides  payment  of  additional  day  when  firemen  arfe 
required  to  make  short  runs  in  addition  to  their  assigned  service. 

Answer.  Rule  retained,  subject  to  Article  XI  (b),  otherwise  no  change,  as 
the  2  days  are  paid  independently  of  each  other. 

Question  44.  A  schedule  provides  payment  of  additional  day  in  case  crews 
return  to  terminal  after  starting  a  trip  after  having  reached  distance  of  10 
miles  or  more. 

Answer.  Rule  retained,  subject  to  Article  XI  (6). 

Question  45.  A  schedule  provides  that  engineers  assigned  to  logging  service 
exclusively  and  used  in  other  service  will  be  allowed  a  minimum  of  100  miles 
at  the  rate  applying  on  the  locomotive  in  the  service  and  on  the  district  where 
performed  for  each  time  so  used.  Time  thus  consumed  to  be  excluded  in  com- 
puting overtime  in  logging  service.  Rules  defining  the  completion  of  trip  to 
govern  for  all  service  performed  outside  of  the  logging  service  assignments. 

Answer.  No  change  is  required  in  the  manner  of  calculating  overtime  in  the 
logging  service,  but  overtime  so  accruing  shall  be  paid  at  time  and  one-half. 
Basis  of  payment  for  the  other  service  is  preserved. 

Question  46.  A  schedule  provides  that  where  callers  are  employed  engineers 
and  firemen  will  be  called  1  hour  before  their  trains  are  booked  to  leave,  pro- 
vided they  reside  within  1  mile  of  the  roundhouse  or  point  where  they  take 
their  engine.  The  caller  will  have  a  book,  in  which  the  engineer  and  fireman 
will  register  their  names  and  record  the  time  when  called.  Road  time  will 
commence  30  minutes  previous  to  the  time  the  engineer  and  fireman  are  called 
to  leave,  except  at  Savannah,  Columbia,  Spencer,  Birmingham,  Selma,  Ala., 
Inman  yard,  Wamburg,  Sheffield,  and  Macon.  Engineers  and  firemen  will  be 
called  at  these  points  1^  hours  previous  to  the  time  their  trains  are  booked  to 
leave ;  road  time  will  commence  30  minutes  after  engineers  and  firemen  are 
called. 

Answer.  Portion  of  rule  specifying  when  crews  shall  be  called  is  not 
affected. 

Portion  specifying  when  road  time  will  commence  will  be  superseded  by  pro- 
vision of  revised  Article  XI  (a),  as  follows:  "All  advance  call-time  rules  are 
superseded,  and  the  management  may  designate  the  time  for  reporting  for 
duty." 


12 

Question  47.  A  schedule  provides  that  engineers  and  firemen  in  road  service 
except  work-train  service  are  required  to  report  for  duty  30  minutes  before 
time  of  departure  of  trains.  Road  time  of  engineers  and  firemen  engaged  in 
through-freight  service  will  begin  1  hour  before  the  time  set  for  departure  of 
their  trains. 

Answer.  Rule  superseded  by  provision  of  revised  Article  XI  (a),  as  follows: 
"  All  advance  call-time  rules  are  superseded,  and  the  management  may  desig- 
nate the  time  for  reporting  for  duty." 

Article  XX,  Supplements  Nos.  24  and  25. 

Question  48.  A  schedule  provides  100  miles  for  yard  crews  if  required  to  go 
beyond  switching  district  to  do  xoad  work. 

Answer.  Rule  superseded  by  revised  Article  XX   (&). 

Question  49.  Under  Article  XX  (&),  when  will  road  crews  be  considered  as 
being  available? 

Answer.  A  road  crew  is  available  when  rest  is  up  and  is  subject  to  call. 

Article  XXII,  Supplement  No.  24 — Article  XXI,  Supplement  No.  25. 

Question  50.  A  schedule  pi'ovides  that  freight-train  crews  will  be  allowed 
regular  freight-train  rates  for  handling  passenger  trains  or  passenger  equip- 
ment. 

Answer.  Rule  is  not  eliminated,  but  if  overtime  is  paid  on  the  freight  basis 
time  and  one-half  would  apply.  If  overtime  is  paid  on  the  passenger  basis 
time  and  one-half  would  not  apply. 

Question  51.  A  schedule  provides  that  with  trains  of  over  30  cars  (exclusive 
of  caboose)  the  practice  of  double  heading  will  be  discontinued,  or  double  time 
allowed. 

Answer.  Rule  is  retained  but  as  any  overtime  accruing  under  the  rule  would 
have  to  be  paid  for  at  double  time,  such  basis  is  more  favorable  than  time  and 
one-:half  and  therefore  would  not  be  still  further  increased. 

Question  52.  Certain  schedules  have  workday  guarantees  26  days  per  month 
fpr  regular  work-train  service.  Are  such  rules  disturbed  by  the  application  of 
time  and  one-half? 

Answer.  No. 

Question  53.  How  does  the  proposition  apply  in  the  following  instances: 

(a)  Certain  schedule  provides  a  mileage  allowance  of  110  miles  on  a  run  of 
95  actual  miles  in  valley  or  level  territory.  This  specification  or  item  in  the 
schedule  is  not  coupled  with  any  overtime  rule,  it  being  paid  under  the  basic 
overtime  rule  at  present. 

Answer.  With  the  understanding  that  the  mileage  allowance  is  not  in  the 
form  of  a  trip  rate,  the  allowance  will  be  continued  and  overtime  accruing  will 
be  paid  at  time  and  one-half. 

(b)  Certain  schedule  provides,  on  a  run  of  120  actual  miles  125  miles  will  be 
allowed,  with  overtime  after  10  hours,  in  level  or  valley  territory.  What  mile- 
age will  be  allowed  in  future  and  what  will  be  the  overtime  basis? 

Answer.  With  the  understanding  that  the  allowance  is  not  in  the  form  of  a 
trip  rate  and  the  overtime  limit  of  10  hours  being  the  equivalent  of  125  miles 
at  121  miles  per  hour,  the  overtime  accruing  would  be  paid  at  time  and  one-half. 

(f)  A  certain  schedule  provides  that  on  a  turnaround  run  of  105  actual 
miles  120  miles  are  allowed,  with  overtime  from  time  required  for  duty  until 
released  from  duty  at  the  end  of  return  ti'ip  after  10  hours.  What  mileage 
will  be  allowed  in  future  and  what  will  be  the  overtime  basis? 

Answer.  With  the  understanding  that  the  mileage  allowance  is  not  in  the 
form  of  a  trip  rate,  no  change  in  the  mileage  allowed  or  the  overtime  limit. 
Overtime  accruing  would  be  paid  for  at  time  and  one-half. 

(d)  A  certain  schedule  has  a  turnaround  run  of  105  actual  miles,  for  which 
120  miles  are  allowed.  This  item  or  special  allowance  appears  in  the  schedule 
by  itself  and  not  coupled  to  any  overtime  rule.  What  will  be  the  mileage 
allowance? 

Answer.  With  the  understanding  that  the  mileage  allowed  is  not  in  the  form 
of  a  trip  rate  there  would  be  no  change  therein.  It  is  to  be  iinderstood  that 
the  time  and  one-half  rate  for  overtime  will  not  apply  where  overtime  accrues 
prior  to  eight  (8)  hours  on  duty,  whether  calculated  on  the  allowed  mileage  or 
on  the  actual  mileage. 


13 

The  reservations  as  to  trip  rates  in  the  answers  to  items  (a),  (5),  (c),  and 
(d),  question  53,  are  based  on  Article  IX  (a),  which  requires  that  any  monthly, 
daily,  or  trip  bases  shall  be  established  upon  the  mileage  basis  and  paid  the 
rates  according  to  the  class  of  service  and  operated  under  the  rules  provided 
In  the  order.    It  is  not  intended  to  change  the  effectiveness  of  this  provision. 

Question  54.  A  schedule  provides  for  time  and  one-half  in  snowplow  service 
on  hourly  basis. 

Answer.  No  change. 

Question  55.  A  schedule  provides  that  firemen  handling  circus  trains  are 
allowed  200  miles  for  each  move. 

Answer.  Rule  retained. 

Question  56.  A  schedule  provides  for  allowance  of  constructive  or  excess 
mileage  over  the  actual  mileage  between  designated  points  in  mountain  terri- 
tory. This  mileage  allowance  was  adopted  to  provide  increased  rates  in  gradi- 
ent territory  over  the  valley  rates. 

Answer.  Mileage  differentials  retained  (see  section  (&)  of  revised  Articles 
XXII  of  Supplement  No.  24  and  XXI  of  Supplement  No.  25).  It  is  to  be  under- 
stood that  the  time  and  one-half  rate  for  overtime  will  not  apply  where  over- 
time accrues  prior  to  8  hours  on  duty,  whether  calculated  on  the  allowed 
mileage  or  the  actual  mileage. 

Question  57.  A  schedule  shows  actual  and  allowed  mileage  between  desig- 
nated points,  but  overtime  is  based  on  the  actual  mileage. 

Answer.  Where  excess  mileage  is  retained  per  section  (&)  of  revised 
Articles  XXII  of  Supplement  No.  24  and  XXI  of  Supplement  No.  25,  the  intent 
is  to  preserve  former  mileage  for  calculating  overtime  whether  on  allowed  or 
on  actual  mileage  with  a  minimum  of  100  miles.  It  is  to  be  understood  that  the 
time  and  one-half  rate  for  overtime  will  not  apply  where  overtime  accrues  prior 
to  8  hours  on  duty,  whether  calculated  on  the  allowed  mileage  or  on  the  actual 
mileage. 

Question  58.  A  schedule  provides  payment  for  firemen  on  circus  trains  at 
through  freight  rates  on  basis  of  time  and  one-half. 

Answer,  No  change.     See  answer  to  question  55. 

Question  59.  A  schedule  provides  that  in  freight  service  of  over  100  miles 
on  mountain  district,  engineers  will  be  paid  46  cents  per  100  miles  in  addition 
to  schedule  rates. 

Answer.  This  differential  is  preserved.  See  revised  Article  XXII,  section  (&), 
Supplement  No.  24. 

Question  60.  A  schedule  provides  that  engineers  exclusively  assigned  to 
helper  service  shall  be  allowed  100  miles  at  the  rate  applying  to  locomotive 
last  used  for  each  date  on  which  no  service  is  begun,  excepting  where  engineer 
asks  for  rest,  the  hours  extending  to  12  o'clock  midnight,  the  call  time  to  be 
included. 

Answer.  Not  affected. 

Question  61.  A  schedule  provides  that  engineers  held  for  work-train  service 
shall  be  allowed  100  miles  at  the  minimum  freight  rate  of  the  district  for  each 
day  on  which  no  service  is  begun.  Sundays  excepted  when  at  division  termi- 
nals or  at  bulletined  tie-up  points. 

Answer.  Not  affected. 

Question  62.  A  schedule  provides  that  when,  from  any  cause,  more  engineers 
are  assigned  to  a  certain  run  that  can  (per  actual  mileage  of  said  run)  make 
full  time  at  the  standard  pay  for  service  and  division  on  which  such  runs 
occur,  mileage  in  excess  of  actual  miles  run  will  be  allowed  sufficient  to  give 
such  engineers  full  time.  Full  time  as  herein  referred  to  shall  be  understood 
to  mean  100  miles  at  the  standard  rate  for  the  district  and  service  for  each 
engineer  assigned  to  the  run  for  each  day  per  week  that  the  train  or  trains  are 
scheduled  to  run,  but  in  no  case  under  the  provisions  of  this  article  shall  an 
engineer  receive  less  than  full  pay  for  six  days  per  week,  provided  engineer  is 
available  for  service  on  assigned  or  other  runs.  This  article  shall  in  no  way 
apply  to  runs  the  daily  number  of  trains  composing  which  are  uncertain. 

In  making  up  the  weekly  guarantee  of  engineers,  the  mileage  so  allowed  will 
be  paid  at  the  rate  applying  on  the  locomotive  on  which  last  used. 

Answer.    Not  affected. 

Question  63.  A  schedule  provides  that  when  required  to  run  Ledgerwood 
unloader  or  pile  driver  (other  than  self-propelled  machine),  a  differential  of  $1 
will  be  allowed,  including  Sundays,  for  period  so  assigned.  No  extra  compen- 
sation will  be  paid  if  necessity  requires  use  of  piling  machine  or  Ledgerwood 
on  Sundays.    When  the  fireman  is  required  to  handle  the  locomotive  during  the 


14 

time  the  engineer  is  running  the  above-mentioned  machines  he  is  paid  under 
the  rule  a  dilTerential  of  $1. 

Answer.  Not  affected. 

Question  64.  A  schedule  provides  that  steam  proi^elled  machine  will  be  paid 
$7.48  per  day,  Sunday  included,  and  will  be  paid  for  each  calendar  day  the  ma- 
chine is  not  at  work,  unless  permanently  discontinued. 

Answer.     Not  affected. 

Question  65.  A  schedule  provides  that  regular  assigned  crews  on  local  freight 
trains  will  be  paid  for  each  calendar  working  day  held,  when  not  called  for 
their  runs  out  of  home  terminal  and  will  not  be  used  in  other  service  until 
extra  board  has  been  exhausted. 

Answer.    Not  affected.     See  also  answers  to  questions  60,  61,  and  62. 

W.  T.  Tfler, 
Director  Division  of  Operation. 
^N.  S.  Carter, 
Director  Division  of  Labor. 


WASHINGTON  :  GOVERNMENT  PRINTING  OFFICE  :  192C 


I  GAYLORD  BROS.  Inc. 
Syracuse,  N.  Y. 
Stockton,  Calif. 


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